From 27 May 2015 there will be a statutory duty on lettings agents in England to publicise the fees they charge.

What needs doing?

Agents need to display prominently in each office and on the agent’s website ( if there is one):

A list of fees. The list must give enough information so that a person can work out what exactly they are paying for, and why, and how much it will cost. The list must set out whether the fees are per property or per individual. Where there is a joint tenancy is it one fee for all, or for each individual to pay? The fees must be set out inclusive of VAT ( and any other applicable tax), and where that fee is not determinable in advance, a description of how the fee is calculated, for example Landlord’s commission fees.

If the agent holds client monies, a statement as to whether the agent is a member of a client money protection scheme.

A statement to say that they are member of a redress scheme and giving the name of that scheme.

Who needs to do it?

Lettings agents in the Private Rental sector. Local authorities are excluded. The duty (and therefore any penalty) falls upon the agent and not salaried employees of the agent.

What does “fees” mean in this context?

For the purposes of this legislation “fees” means “ the fees, charges or penalties which a landlord or tenant pays to the agent in relation to letting agency work, property management work or otherwise in connection with an assured tenancy or a dwelling-house let under an assured tenancy”. Some exclusions are set out. Rent and Deposits are excluded ( but not “holding deposits”) and some third party fees e.g. agent paying a contractor on behalf of a landlord.

Trading Standards can fine an agent up to £5000.00. The first step is that they would serve a “notice of intent” upon the agent setting out the proposed penalty and reasons for it. The agent has 28 days to respond. Trading Standards then decides whether to impose the penalty and if it does, will send a “final notice” requiring payment within 28 days. If the penalty is imposed an agent has a right to appeal through the FTT .

In fact, most agents who are already adhering to the requirements of membership of a particular professional body and complying with the rules of their redress scheme, are likely to already be doing the above. Of course all agents should check that they are compliant with the new legislation, but those who are not already doing the above need to put measures in place to ensure that they are doing so by 27 May 2015.

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Emma Somerset

Emma qualified as a solicitor in 2010 after completing her academic training at Bournemouth University and the University of Law, Guildford.

After undertaking her training contract at a large firm on the south coast she began her career with the same firm before accepting a position with PainSmith Solicitors in November 2012.

Emma specialises in all aspects of property litigation and can assist in resolving most disputes, regularly acting for landlords and land owners in connection with dilapidations disputes, forfeiture and possession claims, land registration disputes, building and boundary disputes, and recovery of arrears and other debts.

Emma is also able to draft up to date tenancy documentation, being fully conversant with all relevant requirements and guidance that applies to this heavily regulated and changing area. She has been praised for her ability to quickly understand her clients’ objectives and for offering commercial, pragmatic advice in a straightforward manner.

Alexandra Rusu

David Whitney is a solicitor and mediator. Prior to joining PainSmith five years ago he was a Partner in a West London practice. He has practised in the field of landlord and tenant law for about 20 years and has over the last 15 years developed a specialism in long residential leasehold work. His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few. In the past 12 months alone David has assisted over 200 hundred flat owners to either purchase their freehold or extend their lease. David understands the, often, competing interests of differing parties and prides himself on giving clients pragmatic and commercial advice. David also sits as a fee-paid Judge of the First Tier Tribunal (Property Chamber) on the Southern Region and as a member of its mediation panel.

Laura Simpson

Laura graduated from the University of Portsmouth in 2013 with a degree in Law with Business. This year, Laura also completed the Legal Practice Course.

Prior to joining PainSmith Solicitors, Laura worked for a local council. She has the experience and knowledge to confidently handle her own caseload across a range of property matters and uses her understanding of business to ensure that she produces practical commercial solutions to client’s problems.

Sian Meredith

Sian graduated from the University of Portsmouth in 2015. Sian has an in-depth knowledge of possession proceedings and debt recovery.

Sian will commence her LPC in September 2016.

Richard Pulford

Richard came to PainSmith in August 2011 as a Paralegal after graduating with a degree in law from the University of Sheffield. Whilst working for PainSmith he completed the Legal Practice Course at weekends completed a training contract at the firm and has been taken on by the firm as a fully qualified Solicitor. After receiving considerable training provided by PainSmith, Richard joined the legal helpline and has been one of the advisers on the helpline for over four years.

He has over five years of experience in Landlord and Tenant law and his normal work load ranges from case handling of possession matters, deposit disputes, drafting of tenancy agreements, advising on HMO properties and debt and disrepair claims. He is experienced in lengthy and complex litigation and settlement negotiations.

David Whitney

David Whitney is a solicitor and mediator. Prior to joining PainSmith five years ago he was a Partner in a West London practice. He has practised in the field of landlord and tenant law for about 20 years and has over the last 15 years developed a specialism in long residential leasehold work. His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few. In the past 12 months alone David has assisted over 200 hundred flat owners to either purchase their freehold or extend their lease. David understands the, often, competing interests of differing parties and prides himself on giving clients pragmatic and commercial advice. David also sits as a fee-paid Judge of the First Tier Tribunal (Property Chamber) on the Southern Region and as a member of its mediation panel.

Marveen Smith

Marveen Smith was one of the founders of PainSmith Solicitors in 2001 and has been the only Principal of PainSmith Solicitors a niche firm who are specialists in property law since 2006. Marveen has a background in accountancy and tax; forging a second career in law by qualifying as a Solicitor before starting her own practice. As well as working in her legal practice daily Marveen is one of the trainers for ARLA and other organisations presenting legal courses throughout the country; giving presentations at regional meetings for ARLA; and at seminars for landlords. Marveen has made regular appearances on Money Box for Radio 4 and Watchdog where she endeavoured to balance the one sided view of letting agents that can be presented by the media, as well as disseminating information to enable landlords to act in a more professional capacity. Marveen was the first person to establish a legal helpline for landlords and agents; and to offer both standard and bespoke documents designed specifically for the lettings industry. Today PainSmith offers a wide choice of legal documents to satisfy the requirements of both relocation companies, letting agents and landlords.